Estate of Clifford C. Haugen - Page 9

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          (3) determines the tax by (a) computing the tax under section 1             
          for all income that is not elected farm income plus (b) the                 
          increase in the section 1 tax for each of the 3 prior years                 
          caused by including one-third of the elected farm income in each            
          year.8                                                                      
               Respondent frames the first issue as "whether a taxpayer               
          electing farm income averaging can reap a double benefit by                 
          carrying back net operating losses in base years, receiving a tax           
          benefit therefrom, and then utilize the same negative taxable               
          income in computing * * * tax liability under farm income                   
          averaging" in subsequent years.  Petitioners, while admitting               
          receiving income tax refunds attributable to the carryback of               
          NOLs from 2 of the base years in the section 1301 income-                   
          averaging computation for the years at issue, contend that the              


               8    Sec. 1301 was enacted as part of the Taxpayer Relief              
          Act of 1997, Pub. L. 105-34, Title 1X, sec. 933(a), 111 Stat.               
          881, adding sec. 1301.  That act was effective for 3 years, 1998,           
          1999, and 2000.  The Omnibus Consolidation and Emergency                    
          Supplemental Appropriations Act of 1999, Pub. L. 103-277, sec.              
          2011, 112 Stat. 2681-902, made permanent the income-averaging               
          provisions of sec. 1301.  Both statutes limit applicability to              
          any individual engaged in a farming business and apply only to              
          electible farm income for the election year and the averagible              
          farm income for 3 years.  An earlier version of sec. 1301 was               
          repealed by the Tax Reform Act of 1986, Pub. L. 99-514, sec.                
          151(a), 100 Stat. 2121, for taxable years beginning after Dec.              
          31, 1986.  The earlier version of sec. 1301 was not limited to              
          farm income and generally applied if the income of the current              
          year exceeded 140 percent of the taxpayer's average income for              
          the preceding 3 years by more than $3,000.  These are the only              
          apparent differences between the current sec. 1301 and the                  
          earlier repealed version.                                                   





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